Questione giuridica chiave
Whether the reform appeal was admissible despite being directed against factual findings and raising new legal arguments under the Insurance Contract Act.
Decisione estratta
The appeal was inadmissible because the new arguments under Art. 8 ch. 1 and 3 LCA were not supported by sufficiently established facts and the appellant impermissibly departed from the cantonal findings.
Motivazione estratta
In reform proceedings the Federal Court is bound by the facts found below, subject only to limited statutory exceptions. The appellant's arguments required additional factual findings not contained in the cantonal judgment, so the court could not examine them.